STF President Edson Fachin Intervenes in Institutional Crisis Amid Conflict Between Justices
7 sources across 2 countries · Brazil · United States
Who reported this
- Agencia Publica
- G1
- CNN Brasil
- Folha de S.Paulo
- Estadao
- Gazeta do Povo
- Bloomberg
What the colours mean
- Left
- Centre-left
- Centre
- Centre-right
- Right
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Supreme Court President Edson Fachin took several measures on Wednesday to mitigate an institutional crisis involving Justices Alexandre de Moraes, André Mendonça, and Flávio Dino. Fachin removed Justice Alexandre de Moraes from the relatorship of the long running fake news inquiry, assuming the role himself. He also suspended conflicting decisions by Justice Mendonça, who had removed Federal Police Director General Andrei Rodrigues from his post, and Justice Dino, who had subsequently reinstated him. As a result of Fachin's intervention, Rodrigues remains in his position while the court's presidency centralizes the matter to avoid contradictory rulings.
The crisis was triggered by a Federal Police report involving Daniel Vorcaro, the owner of Banco Master. The report detailed messages between Vorcaro and Justice Moraes, including a query from the banker asking if he should flee the country before his arrest. In response to these revelations, Justice Mendonça sought information on Vorcaro's influence network, while Justice Moraes used the fake news inquiry to accuse Mendonça of abuse of power. This led to a sequence of monocratic decisions, including the removal and reinstatement of the Federal Police leadership.
Fachin has scheduled a plenary session for Tuesday, September 15, to determine if there are sufficient grounds to open an investigation into Justice Moraes. The session will first analyze the validity of the police reports produced under Mendonça's orders, which the Prosecutor General's Office has argued are null. Additionally, Fachin prohibited any further investigation into members of the court without prior submission to the presidency.
Political reactions have been divided. Candidates from the right, such as Romeu Zema and Ronaldo Caiado, praised the removal of Moraes from the fake news inquiry, with some describing the court's internal strife as a distraction from the upcoming presidential elections. Meanwhile, some legal specialists questioned the procedural legitimacy of the maneuvers used by both Dino and Mendonça to influence the leadership of the Federal Police.
How each side framed it
- Left
- Framed the crisis within the context of the electoral calendar and suggested that some judicial moves were politically timed.
- Centre-left
- Highlighted the institutional collision course and the risk of a war of injunctions within the court.
- Centre
- Focused on the procedural steps taken by Fachin to restore institutional stability and the legal mechanics of the conflict.
- Centre-right
- Framed the event as a scandal involving Justice Moraes and highlighted the perceived weakness of the court's leadership.
Sources
- Left Agencia Publica: Three decisions in 32 hours in the STF: Mendonça's electoral clock and the time for Fachin to act
- Centre Bloomberg: Famous Brazil Judge Yanked From ‘Fake News’ Probe That Made Him
- Centre CNN Brasil: Understand Fachin's decisions against Moraes, Mendonça and Dino
- Centre CNN Brasil: Will the STF Plenary open an investigation against Moraes? Understand
- Centre CNN Brasil: Fachin suspends PGR investigation into interference in PF report
- Centre CNN Brasil: Fachin says Moraes' acts in the Fake News inquiry are preserved
- Centre-right Estadao: Presidential candidates react to latest Fachin decisions to mitigate STF crisis
- Centre-right Estadao: Fachin suspends decisions of Mendonça and Dino and keeps Andrei in command of the PF
- Centre Folha de S.Paulo: Fachin takes the reins of the crisis under his pen, but should do more
- Centre Folha de S.Paulo: Did decisions by Dino and Mendonça about the head of the PF have hierarchy, annulled by Fachin? Understand
- Centre Folha de S.Paulo: Fachin removes Moraes from fake news inquiry and suspends decisions by Mendonça and Dino on PF leadership
- Centre Folha de S.Paulo: Fachin says decisions of Mendonça and Dino on the PF represent 'grave injury to public order'; read full text
- Centre Folha de S.Paulo: Fachin schedules for day 15 trial on dialogues between Moraes and Vorcaro
- Centre Folha de S.Paulo: Fake news inquiry, target of Fachin, aimed at Bolsonaristas and caused arrests in 7 years; remember
- Centre Folha de S.Paulo: PT asks Dino and Mendonça for the lifting of secrecy in the Master case at the STF
- Centre Folha de S.Paulo: Fachin acts well and should hold a public plenary session
- Centre Folha de S.Paulo: Opposition pressures and asks Fachin for the archiving of the fake news inquiry
- Centre Folha de S.Paulo: Critics of Moraes' choice as rapporteur of the coup see no contradiction in Mendonça in the Master case
- Centre Folha de S.Paulo: 'Now it is missing the breaking of the secrecy of all involved', says reader about Fachin's decision
- Centre Folha de S.Paulo: Dino's decision is a questionable legal maneuver that follows Mendonça's errors, specialists say
- Centre Folha de S.Paulo: Fachin's decision to cancel session was not informed beforehand to STF ministers
- Centre Folha de S.Paulo: Allies of Mendonça celebrate Fachin decision that suspends PGR procedure
- Centre Folha de S.Paulo: Fachin reacts, removes power from Moraes and doubt remains about the attempt to create a far-right Xandão
- Centre-left G1: Mendonça, Moraes, Dino and Fachin: the STF on a collision course - O Assunto #1801
- Centre-right Gazeta do Povo: Fachin suspends decisions of Mendonça and Dino about PF director
- Centre-right Gazeta do Povo: Edson Fachin takes over fake news inquiry and schedules judgment on Moraes
- Centre-right Gazeta do Povo: Fachin suspends orders of Mendonça and Dino regarding the command of the Federal Police
- Centre-right Gazeta do Povo: Novo tries to return dispute over Andrei to Mendonça after Dino is overturned
- Centre-right Gazeta do Povo: Fachin intervenes in the crisis, prepares end of the fake news inquiry and weakens Moraes
- Centre-right Gazeta do Povo: Fachin removes Moraes from the rapporteurship of the fake news inquiry
- Centre-right Gazeta do Povo: Fachin cites "grave injury to public order" when blocking investigations of Mendonça, Moraes and PGR
- Centre-right Gazeta do Povo: Fachin convenes session in the STF to analyze request for investigation against Moraes
- Centre-right Gazeta do Povo: Flávio Dino annuls André Mendonça's decision and returns command of the Federal Police
- Centre-right Gazeta do Povo: Fake news inquiry changes hands: 4 questions and answers about the case
- Centre-right Gazeta do Povo: Moraes scandal leaves the focus with help from Dino and Fachin
- Centre-right Gazeta do Povo: How the crisis between Mendonça and the PF worsened in the Lula government and involved Moraes, Dino and Fachin
- Centre-right Gazeta do Povo: Flávio Dino annuls removal of Federal Police director-general
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